Terms and Conditions
The personnel of CAP Index, Inc. endeavor to perform our work in the most professional manner, using the most qualified people in our company or at our disposal to meet the needs of our customers. We strive to improve our databases and technology in a reasonable and proper manner.
PRODUCT DESCRIPTIONS AND EXPRESS WARRANTIES
The data provided to our clients with respect to a geographic area under review are based on United States, Canadian and United Kingdom census data, other public records, and data licensed from third parties. Although these data are considered highly reliable, we are not able to vouch for their completeness or accuracy, and in some instances licensed data showing facility locations may become out-dated. Nevertheless, our statistical analysis as expressed in reports, maps, loss experience validations or other services must assume that these data, as recorded and compiled by the various governmental agencies or private licensors, are in fact complete, accurate and current. Furthermore, if this report includes our conclusions with respect to crime risk by site, those conclusions are based upon statistical analysis, and therefore constitute probabilities of criminal activity over a period of time, not certainties.
CRIMECAST® crime vulnerability assessments are reports and/or maps that have been generated for multiple sites using latitude/longitude identifications. To the extent you have provided CAP Index, Inc. with those latitude/longitude identifications, CAP Index, Inc. has not independently verified the accuracy of the site identifications. CAP Index, Inc. will provide reports and maps based on the actual latitude/longitude identified by you, and thus the accuracy of those reports and maps will depend on the accuracy of the data provided by you.
CAP Index, Inc. may have provided you with latitude/longitude site identifications as a part of its address geocoding service, either in conjunction with a CRIMECAST® order, or as a separate service. Address geocoding provided by CAP Index, Inc. is based on physical addresses provided by you. Once again, CAP Index, Inc. does not independently verify the accuracy of those addresses, and thus the accuracy of the resulting CAP Index, Inc. products or services will depend on the accuracy of the data provided by you.
CAP Index, Inc. warrants that its products and services conform to the foregoing descriptions and that, subject to the limitations set forth, all reasonable efforts have been made to ensure that the data or analyses provided to you are accurate and useful.
HOWEVER, BY REASON OF THE FOREGOING, AND BECAUSE WE ARE UNABLE TO ANTICIPATE ALL OF THE USES TO WHICH OUR CLIENTS INTEND TO PUT OUR STATISTICAL ANALYSIS, CONCLUSIONS OR REPORTS, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, OR ANY COSTS OR EXPENSES INCURRED BY A CLIENT, WHETHER INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, BY REASON, OR AS A RESULT OF A CLIENT’S USE OF, OR RELIANCE UPON OUR STATISTICAL ANALYSIS, CONCLUSIONS, OR REPORTS.
In no event shall we be liable for an amount in excess of twice the cost of the report, product or service provided. CAP INDEX, INC. MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
By accepting any report, product or service and acting upon it, the client agrees as follows: the client shall defend and indemnify CAP Index, Inc., its directors, officers and employees from any liability and expense (including reasonable attorneys’ fees) imposed upon or incurred by CAP Index, Inc. as a result of any claim, demand, liability, suit or similar occurrence arising out of the intentional or negligent misuse of this report or its contents by the client, an employee, agent, or anyone acting on behalf of the client; provided that CAP Index, Inc. shall promptly notify the client of any such claim, and permit the client to control the defense or resolution thereof, and CAP Index, Inc. shall fully cooperate with the client in connection therewith.
CAP Index, Inc. will retain CRIMECAST® reports for a period of no longer than 5 years from date of creation. All reports older than 5 years will be deleted.
USE OF THE PRODUCTS OR SERVICES
Any products, services and all other material prepared by CAP Index, Inc. are for the exclusive use of the intended recipient. No part of the content may be copied, distributed, or disseminated to any person or entity in any form without the prior express written permission of CAP Index, Inc. You agree not to modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer any CAP Index, Inc. product, or any part thereof, for any reason. You are not authorized to resell any products or material delivered to you by CAP Index, Inc.
The copyright of all reports and maps is the sole and exclusive property of CAP Index, Inc.
Payment for the product or service provided under the foregoing terms and conditions shall be due upon receipt of an invoice from CAP Index, Inc. unless otherwise expressly provided by separate written agreement between the client and CAP Index, Inc.